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MARSHAK v. GREEN

79 Civ. 3458.

505 F.Supp. 1054 (1981)

Larry MARSHAK, Plaintiff, v. Doc GREEN, John Doe "1", John Doe "2", Bernard Jones, David Rick and Sandy Wolfe, Defendants.

United States District Court, S. D. New York.

January 26, 1981.

Attorney(s) appearing for the Case

Marcus & Marcus, New York City, for plaintiff; Clark A. Marcus, New York City, of counsel.

Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, trial counsel for plaintiff; Stephen B. Judlowe, New York City, of counsel.

Walter Hofer, New York City, for defendants Doc Green and David Rick; Jeffrey L. Ringler, White Plains, of counsel.

Paul B. Morofsky, New York City, trial counsel for defendants Doc Green and David Rick.

OPINION

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

The defendant Doc Green, together with Charles Thomas and Elsbeary Hobbs (not named as defendants), filed on December 17, 1976 in the United States Patent and Trademark Office a service-mark application in the name of "The Drifters," a partnership composed of all three. The Drifters, as the aforesaid applicants, assigned to plaintiff Larry Marshak all their right,...

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